EU Law - United Nations Security Council Flashcards
Chapter 7 UN Charter
UN adoption of Resolutions makes them binding on all UN Members
UN adoption of Resolutions makes them binding on all UN Members
Chapter 7 UN Charter
Article 103 UN Charter
Strong international conflict rule so UNC prevails in conflict with other international Treaty
Strong international conflict rule so UNC prevails in conflict with other international Treaty
Article 103 UN Charter
What is Article 103 UN Charter termed?
pillar of the international ‘constitution’
Why did the CFI in Kadi I refuse to review EU Regulation?
Would indirectly review UNSC Resolution and UNSC not bound by EU law
How did the CFI in Kadi I find the EC bound indirectly by UNC?
EC Treaty requires EU to adopt all measures necessary to help Members fulfil UNC obligations
What did the CFI review the EU law on the basis on in Kadi I?
Ius cogens - very basic norms of humanity binding on all states and unable to be violated
What has the CFI judgment on Kadi I been criticised for?
Allowing UN law to ‘trump the protection of fundamental rights, as required under EU law’
What court criticised CFI use of ‘ius cogens’ and why?
CJEU for lack of CFI jurisdiction
What were the six main elements of the CJEU argument in Kadi I 2008?
Autonomy of EU law, RoL, pluralism, JR, Solange and fundamental rights
Autonomy of EU law argument, CJEU 2008 Kadi I
Builds on Van Gend en Loos
RoL argument, CJEU 2008 Kadi I
ALL Acts of EU are subject to law and reviewable
Pluralism argument, CJEU 2008 Kadi I
EU law is self-standing from international dimensions
JR argument, CJEU 2008 Kadi I
UNSC primacy cannot affect EU level JR
Solange, CJEU 2008 Kadi I
As long as no JR at UN level, ECJ law applies
What solange was in the CJEU 2008 Kadi I judgment?
Negative
what did AG say about solange in CJEU 2008 Kadi i?
Not exceeding CJEU function by ruling on the matter as immediate consequence of the lack of independent, international UN tribunal
Who said CJEU were not exceeding their function by ruling on Kadi I as immediate consequence of the lack of independent, international UN tribunal?
AG
Fundamental rights argument, CJEU 2008 Kadi I
No justifications given to EU to consider for violation of such rights
By 2008, what had the UN introduced?
Re-examination procedure
What did the UN re-examination procedure allow?
Individual to send UN a letter
Name at least one criticism of CJEU 2008 Kadi I approach
Disrespects UNSC central role, excessive confirmation of EU law autonomy and silent on Article 103 UNC
After Kadi I, what did the UNSC provide?
Policy giving summary reasons for the listing of every person
General Court 2010 Kadi II
Impossible for Kadi to defend himself on evidence given
CJEU 2013 Kadi II
If evidence insufficient, measure is unlawful. If evidence unable to be disclosed, Court will determine if reasons are sufficient to preclude disclosure
What had happened at UN level by 2013?
Kadi delisted
What new review method was a direct consequence of Kadi I?
Ombudsperson investigation
Why was Kadi delisted in 2013?
Ombudsperson investigation
What academic criticised CJEU for focus on EU fundamental rights and pluralist language?
Burca
What academic made a comparison between ECJ and American Supreme Court?
Goldsmith and Posner
What academic made a comparison between Kadi and Medelln?
Weiler
What academic suggested a move to a positive solange in the future?
Eeckhout
When does Eeckhout suggest the ECJ may move to a positive solange?
If there were a complete system of protection at UN level
What academic criticised Eeckhout’s reading of Kadi II as showing a positive Solange?
Weiler - ‘reading into the Decision’
